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Original Sale Deed

Original Sale Deed Template for South Africa

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Key Requirements PROMPT example:

Original Sale Deed

"I need an Original Sale Deed for a commercial property in Cape Town, with specific provisions for the transfer of existing tenant leases and a phased payment structure to be completed by March 2025."

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Document background
The Original Sale Deed is a crucial legal document in South African property transactions that forms the backbone of any immovable property transfer. This document is required whenever there is a transfer of ownership of immovable property between parties and must comply with the formal requirements set out in the Alienation of Land Act 68 of 1981 and the Deeds Registries Act 47 of 1937. The Original Sale Deed contains essential information including the exact property description, purchase price, payment terms, and conditions of sale. It serves as the primary evidence of the transaction and forms the basis for the subsequent transfer and registration process at the Deeds Office. The document is particularly important in South Africa's legal context, where property rights are constitutionally protected and property transfers must follow strict legal procedures to ensure validity and protect all parties' interests.
Suggested Sections

1. Parties: Full details of the Seller and Purchaser including legal names, identity/registration numbers, marital status, and physical addresses

2. Background: Context of the sale and confirmation that the Seller is the registered owner of the property

3. Definitions: Definitions of key terms used throughout the deed, including 'Property', 'Purchase Price', 'Transfer Date', etc.

4. Property Description: Detailed legal description of the property as per the title deed, including erf number, township, registration division, province, and extent

5. Sale: The core agreement where the Seller sells and the Purchaser purchases the property

6. Purchase Price: The agreed purchase price, payment terms, and deposit requirements

7. Transfer and Registration: Obligations regarding transfer of the property, appointment of conveyancer, and registration procedures

8. Possession and Risk: Date of possession, transfer of risk, and occupational rent if applicable

9. Warranties: Seller's warranties regarding the property's condition, title, and encumbrances

10. Costs and Transfer Duty: Allocation of transfer costs, transfer duty, and other associated expenses

11. Jurisdiction and Governing Law: Confirmation of South African law as governing law and jurisdiction of relevant courts

12. Signatures: Formal execution section including place, date, and witness requirements

Optional Sections

1. Conditions Precedent: Used when the sale is subject to conditions such as bond approval or sale of purchaser's existing property

2. Electrical Compliance: Include when specific arrangements regarding electrical certificate of compliance need to be detailed

3. Fixtures and Fittings: Used when there are specific inclusions or exclusions from the sale that need to be detailed

4. Estate Agent Commission: Include when an estate agent is involved in the transaction

5. Special Conditions: Used for any unique terms specific to this transaction

6. FICA Requirements: Include when specific arrangements regarding Financial Intelligence Centre Act compliance need to be detailed

7. Occupational Rent: Used when there's a gap between possession and registration requiring occupational rent arrangements

Suggested Schedules

1. Schedule A - Property Description: Detailed technical description of the property including diagrams and servitudes

2. Schedule B - Fixtures and Fittings: Comprehensive list of items included in or excluded from the sale

3. Schedule C - Property Condition Report: Detailed report on the current condition of the property and any defects

4. Appendix 1 - Title Deed Copy: Copy of the current title deed of the property

5. Appendix 2 - Property Plans: Approved building plans and property diagrams

6. Appendix 3 - Compliance Certificates: Copies of relevant compliance certificates (electrical, gas, electric fence, etc.)

7. Appendix 4 - FICA Documents: Copies of required FICA documentation for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


































Clauses

























Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Public Sector

Agriculture

Commercial Property

Residential Property

Industrial Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Corporate Affairs

Investment

Development

Finance

Operations

Relevant Roles

Property Lawyer

Conveyancing Attorney

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Property Developer

Bank Manager

Mortgage Specialist

Property Valuator

Title Deed Officer

Real Estate Investment Manager

Development Director

Land Surveyor

Corporate Lawyer

Industries







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